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Displaying 51 - 60 of 174 for keyword(s) "statutory time limits"

  1. Trespass and Nuisance on Land

    … Order Act 1994 offences involving Trespass Tables of other statutory offences involving Trespass Introduction Trespass … offence, the mens rea and actus rea for the offence, any statutory defences, any pre-considerations to be applied, the … residential. Preconditions D must be a trespasser at the time of being asked to leave and also have entered the …

  2. Abuse of Process

    … upheld. At the outset of the case therefore, or at a later time when the issues in the case are clarified, the … in the particular circumstances of the case, prior to the statutory duty of disclosure arising. This common law … as an abuse of process. Disclosure prior to the statutory duty arising will not exceed the disclosure which …

  3. Hearsay

    … against Hearsay S.114(1)(a) The CJA 2003 Act or any other statutory provision makes it admissible CJA 2003 Statutory Gateways to Admissibility S.116 Unavailable … of the truth of their having such a state at or around the time that the statements were made. Whether the statement is …

  4. Reviewing Finalised Cases

    … strict approach to the granting of leave to appeal out of time where the grounds of appeal are based on subsequent … the scope of its application, or clarify the elements of a statutory offence; Where procedural irregularities raise … witness; Scientific development; Common law change; Statutory interpretation; Procedural Irregularities; Law or …

  5. CPS Retention and Disposal Policy

    … physical and digital storage space, and saves staff time searching for information that may not be there. … Where available or appropriate the relevant legislation or statutory reason for keeping the information for a specific … line of business retention and disposal schedules. 5.3    Statutory obligations Through effective information …

  6. Coronavirus: Health Protection (Coronavirus, International Travel) (England) Regulations 2020

    … website to determine which provisions were in force at the time of an alleged breach. This guidance incorporates the … officer will be “the prosecutor” for the purposes of this statutorytime limit provision. It should be noted that: … officer will be “the prosecutor” for the purposes of this statutorytime limit provision. It should be noted that: …

  7. Road Traffic - Fatal Offences and Bad Driving

    … caused the driving to be dangerous even for only a short time. Cases that illustrate this principle include: Att. … not necessarily render driving dangerous or careless. The statutory test is not one of compliance with training. Even … constable. What is important is a focus on the objective, statutory standard and whether or not, and by how far below …

  8. Corporate Prosecutions

    … offenders for specific offences under their designated statutory framework (for example, offences contrary to the … all connected offenders prosecuted together at the same time. However, there are circumstances where the prosecution … common for offences under the Road Traffic Act 1988. Many statutory/regulatory offences impose liability upon employers …

  9. Director’s Guidance on Charging, sixth edition, December 2020, incorporating the National File Standard

    … in Criminal Proceedings, 5 namely: Getting it Right First Time Case Ownership Duty of Engagement Consistent Judicial … managing disclosure in accordance with the common law and statutory frameworks; considering asset recovery in every … Charging) 4.35 Officers must anticipate PACE custody timelimits (PACE clock) and the need to seek a charging decision …

  10. Children as suspects and defendants

    … offence types. This guidance makes clear that, absent a statutory requirement or compelling reason, children and … out by a Youth Justice Specialist; and given sufficient time to fulfil their duties as AYJL Youth Justice Specialists … to offending behaviour. To qualify for a caution, the statutory criteria  set out in section 66ZA Crime and …

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